Wrongful Death Legal Questions

I'm sorry for your loss. Under Michigan's Wrongful Death Act, only the personal representative of the decedent's estate may bring a wrongful death action, regardless of relationship status. Thus, as the decedent's fiance, you would have no standing to bring the claim unless you were appointed as the personal representative of your fiance's estate.  Supplying an illegal substance, including crack cocaine, can satisfy the "wrongful act" element of a wrongful death claim against the best friend. Liability does not depend on the best friend having been convicted of a crime. The fact that the coroner and/or the police apparently did not link supplying the cocaine to your fiance's death does not bar the claim, but it may complicate proving a causal relationship between supplying the cocaine and your fiance's death. Also, although there is generally no common law duty requiring the best friend to call for emergency assistance, there is an exception where the best friend created the situation and observed the resulting medical distress. All that said, even if the claim is successful, it may be very difficult to collect on any judgment obtained against the best friend.  As far as making a claim against the coroner or the police, that is likely impossible due to governmental immunity. There would have to be proof of gross negligence. Mere incompetence would not be enough to fall within the gross neglgience exception to governmental immunity.  I hope this information, though likely disappointing, is helpful. Again, I am sorry for your loss. ... Read Answer

I am so incredibly sorry for your loss. As both a Massachusetts lawyer and lifelong resident, I firmly believe that no one should ever have to experience something as devastating as losing a loved one—let alone under circumstances that were preventable. Please know that your question is both understandable and completely appropriate. When a family is faced with a tragedy like this, it’s important to get clear, honest guidance about what your rights may be. The short answer is yes — you very likely have legal recourse to pursue a wrongful death claim against the restaurant and potentially others involved. When a death certificate indicates homicide and attributes the cause to the actions of the restaurant’s employees, it raises serious concerns about: Negligence, Failure to supervise or train employees, Failure to provide a safe environment, or Direct wrongful acts of employees for whom the company may be legally responsible. Under wrongful death law, an employer can be held liable when its employees, acting in the course of their employment, engage in conduct that causes someone’s death—whether through intentional actions or negligent behavior. Additionally, restaurants and other businesses have a legal duty to provide a reasonably safe environment for customers and to take preventive measures when there is a foreseeable risk of harm. Your family has the right to seek: Accountability, Answers, and Financial compensation for the harms and losses this tragedy has caused, including loss of companionship, emotional suffering, funeral expenses, and the economic impact of losing your husband. What matters most right now is that you don’t have to navigate this alone. A wrongful death investigation should begin immediately, because evidence—videos, witness statements, internal reports—can disappear or be lost over time. An attorney can help protect that evidence and make sure the truth is uncovered. If you’d like, I can help you understand what the next steps normally look like, what types of claims may apply, and how families are typically supported during cases like this. And if all you need in this moment is a compassionate ear, I’m here for that too. Again, I am deeply sorry for what you’re going through. If you'd like to chat about this in more detail, please feel free to reach out to me. ... Read Answer

Sorry to hear about your loss. My condolences. Yes, even if the wrongful death case is not related to the pain and suffering case, a lawyer can represent you as the surviving beneficiary of the decedent and bring an action against the party responsible for the wrongful death of your husband.... Read Answer

You have no means to do so as an individual. Criminal prosecution is only done by the governemnt. You can file a complaint with law enforcement for them to investigate and go from there. As to suing her for "wrongful death" you would have to have evidence of that and then have standing to prosecute the claim, which is normally done by the personal representative (executor) in an estate. YOu will need to retain a lawyer to address that properly. ... Read Answer

So sorry for your loss.  You can find many excellent attorneys using legal directories such as Lawyers.com, Super Lawyers, FindLaw and Justia.  That said, it appears that you already have an attorney (Jesse Weiner, Esq.).  You might want to speak with your attorney before looking for trial counsel as you can only have one attorney-of-record.  Although you can always change lawyers, the outgoing lawyer would be entitled to a fee for his work performed and to get reimbursed for his expenses. Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC... Read Answer

Yes immediate family members can sue a cemetery for emotional distress based on the negligent handling of their loved ones remains. You should take immediate steps to retain a lawyer in California on contingency fee so that you can file a claim against the cemetery. Are you 100% certain that your mom was moved to a different plot? I have done many of these cases and I know an attorney in California that can represent you.     ... Read Answer

Unless there is a contract requiring such support, merely purchasing a device to be implanted does not necessaily obligate the company to continue to support it. You may need to talk to you treating physicians about whether they need to replace the device with a different one or if there alternative for monitoring services. Otherwise in todays environment of logistics problems - there may not be a simple remedy. ... Read Answer

You would have to find a probate lawyer to open up an estate in the city where he died, and then the judge will distribute those proceeds according to his last will and testament, and if no last will and testament exists, then it would go to his closest living relatives. You should retain a probate attorney in the jurisdiction were dad died. Most do not require a fee upfront, but rather would be paid at the end of the case prior to distribution of the proceeds to dad's heirs. ... Read Answer

Do you have a legal question? It may be wise to have a phone consultation with an attorney to explore the possibility that some Homeowners insurance policy could cover this based on the actions of the son. Depending on where the Shooting occurred, and what the homeowner knew or should've known of the danger facing your husband but did not take measures to warn him, there may be a homeowners insurance policy that would cover this. ... Read Answer

Yes you may be able to file suit against him. If he owns a home, there is a chance that there will be a source of recovery based Upon the facts and circumstances of the case. You should retain counsel in California for representation on contingency fee, which means you don't pay anything unless you win.... Read Answer

Probably not.  Ohio has a two year statute of limitations for wrongful death claims.  That being said, there may be factors which have tolled the state of limitations.  I recommend sitting down with an attorney experienced in this area to review the situation in detail and advise you. Best of luck.... Read Answer

Probably not.  You're going to run into problems with the statute of limitations.  If there are some extraneous facts which would have tolled the SOL, there may be arguments to be made, but it's going to be an uphill battle.  For a definitive answer you're going to need to sit down with an attorney so her or she can review your situation in detail and advise you. Best of luck.... Read Answer

I'm so sorry for your loss.  Unfortunately, hospitals and nursing homes were granted very broad immunity for the care and treatment of COVID patients, making it virtually impossible to hold them accountable except in cases of gross negligence.  You can still, however, file a complaint with the Department of Health regarding the treatment she received at the nursing home (althogh this is probably not what you had in mind). Best regards, Jonathan R. Ratchik, Esq. Kramer, Dunleavy & Ratchik, PLLC 61 Broadway, Suite 2220 New York, NY  10006 (212) 226-6662 http://kdrpilawyers.com/   ... Read Answer